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Underground Storage Tanks

Underground Storage Tanks

Underground Storage Tank (UST) systems and their contents are governed by Federal, State, and sometimes local regulations. These UST systems can be significant sources of contamination when leaks or spillage occur during their operation. UST regulations require UST owners to comply with current upgrade standards, maintain appropriate registration and insurance coverage, install and monitor leak detection systems, and perform periodic maintenance.

The New Jersey UST regulations (NJAC 7:14B Subchapter 13) require that all personnel who install, close, test, and design corrosion protection systems for USTs must be certified. All owners/operators of USTs that are removed or closed in-place after November 4th, 2009 need to retain the services of a Licensed Site Remediation Professional (LSRP) to conduct subsurface evaluations and remediation.

Peak is certified as a contractor to perform work on both regulated UST systems and unregulated UST systems by the New Jersey Department of Environmental Protection (NJDEP). In addition, Peak’s experienced staff is licensed to oversee and implement both the closure and subsurface evaluation activities required to address UST systems in New Jersey. Peak’s staff is also experienced in the administrative and practical steps necessary to obtain financial aid/reimbursement under New Jersey’s Hazardous Discharge Site Remediation Fund and the Petroleum UST Remediation, Upgrade and Closure Fund. Peak is experienced in the investigation and remediation of discharges from UST systems, and Peak’s staff can provide expert testimony and litigation support, where necessary, to aid in cost recovery efforts associated with discharges from UST systems.

In 2018, the NJAC 7:26F Heating Oil Tank System Remediation Rules were adopted to set minimum administrative and technical requirements for the remediation of a discharge from Unregulated Heating Oil Tank (UHOT) systems. Oversight by either a New Jersey Licensed Site Remediation Professional (LSRP) or a certified subsurface evaluator (SSE) is required under 7:26F. Releases from UHOT systems can be remediated under the oversight of local authorities, or pursuant to NJAC 7:26F if the owner wants to receive a No Further Action Letter (NFA) from the New Jersey Department of Environmental Protection (NJDEP) on completion of the remediation. Under 7:26F, the rules include some flexibility relative to previous rules to vary from certain technical requirements for managing residual soil contamination with limited NJDEP oversight.

In addition to notification timelines and general requirements applicable to all releases from UHOT systems, NJAC 7:26F provides detailed technical requirements for releases of heating oil that have reached soil and groundwater, and when free product is present. In addition, conditions requiring  a receptor evaluation are detailed, and a Deed Notice template is included for sites at which soil contamination will remain in place. Following completion of remediation, the pre-qualified consultant will prepare and submit a Remedial Action Report documenting the cleanup activities. Upon review and approval, the NJDEP will issue an NFA letter closing the case.

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